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Poster: ColonelBlimp Date: Jul 16, 2011 10:36am
Forum: feature_films Subject: Help/advise about using film trailers

Hello,
I was wondering if somebody in the forum could help me with a question I have about trailers. I'm based in the UK and I have been using public domain clips from the trailers here for my 'no budget' film project. The question I have is can I also use the American made trailers for British films without worring about copyright? I was thinking of a couple of the 50's hammer/horror films, as it's easy to tell that they are the US versions as they have been titled different to the orginal UK release.
Anyway, if anyone can help, thank you in advance.

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Poster: guyzilla Date: Jul 16, 2011 8:41pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

As far as I know, the ones on this site are pd so you can use them any way you want.

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Poster: ColonelBlimp Date: Jul 17, 2011 2:59pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

Thank you guyzilla for your reply and help. So it shouldn't matter that it was orginally a British film, as a trailer released in America it is PD in the UK. Can I please also ask you something else? With the later made trailers, say the 1970's ones, does it not matter if they have a copyright notice in them, as I have read here that after the mid sixties anything that has a copyright notice is copyrighted, so I'm a bit confused. It would be great to use some clips from them too. Thanks in advance.

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Poster: guyzilla Date: Jul 17, 2011 5:27pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

I would imagine any clip, be it a trailer ,a full length film, or anything in between would be copyrighted if it has a valid notice. But trailers might have a different set of rules governing that area. I upload a lot of trailers from time to time, but I tend to keep them for films 1980 or before. I have found on occasion when checking with USCO that there are some trailers with registered copyrights, not many, as I've only run across two or three. I'm not sure, but the question you bring up is a good one, and I may have to go through my own uploads at some point to see if I should take any down. Moongleam or Video cellar could probably answer your question better than I can, and I hope one or both of them ring in on this because now I'm curious.

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Poster: larus Date: Jul 18, 2011 12:45am
Forum: feature_films Subject: Re: Help/advise about using film trailers

As far as I know, the ones on this site are pd so you can use them any way you want.

I would add the qualifier that they are PD under US law as the archive is based in the US. Foreign items that are PD in the US because of a lack of compliance with US copyright regulations may still be under copyright in their country of origin. Were the US trailers produced by US-based distributors or by UK-based entities?
Another issue is whether the trailers can be considered as derivatives of the original films, in which case anything created using pieces of the trailers would end up being subject to the copyright of the original films.

As a disclaimer, I am not a lawyer and am just throwing ideas out there. I hope somebody with a good grasp on the issue will comment on this topic.

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Poster: guyzilla Date: Jul 18, 2011 6:01pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

Good points. As far as what you said about country of origin, that's where I think GATT would come into play. I think I remember someone saying in an earlier post a couple of years ago that MOST trailers were ok to post because because they are essentially advertisements and posting them was just giving the film free advertising. Seeing trailers to some old films have prompted me to search for certain films to add to my collection in the past. But yes, I would like to hear from someone in the know to clarify the rules for me, most definitely.

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Poster: ColonelBlimp Date: Jul 21, 2011 3:54am
Forum: feature_films Subject: Re: Help/advise about using film trailers

Thanks guyzilla,
That's a very good point you make, uploading a trailer is free advertising for the film companies, So there is little reason for them to complain (hopefully you won't need to take any of yours down then!). Although they are probably not so keen if they are used for footage in something else, even if it obvious the clips come from trailers. You mentioned about Gatt, I looked at another thread here and it it states that British films made in the late 50's onwards might have a flat copyright of 50 years, so that could be something to take into account. Yes, it would be helpful if others could share their thoughts on this brain teasing subject!

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Poster: ColonelBlimp Date: Jul 18, 2011 1:34pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

Thanks guyzilla and larus for your replies and further help.
Larus, that was something I was wondering, the trailers look to me like they were put together by the US distributors in the US as they feature an American voice over, feature the 'Distributed by...' details (not normally the film company that made them in the UK), are often re-titled and sometimes have the US age cert. Yes, I guess the question seems to be, does the copyright in the original British film clip used in them, make them still protected by copyright in the UK? Or are the trailers, being put together in the US, PD in the UK as I understand that all US produced PD material is PD in the UK. How far removed from the original films are these trailers?
Guyzilla, may be there is a different set of rules for trailers, then, sorry to throw a complicated question into the mix! Hope it doesn't cause a headache for people to tackle (and I really hope it doesn't result in you having to take down any of your trailers!)
Anyway, I do appreciate any help/information you have/can give me, thanks.

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Poster: guyzilla Date: Jul 18, 2011 7:44pm
Forum: feature_films Subject: Re: Help/advise about using film trailers

Nothing to be sorry for. Your question made me stop and think for a moment and that's never a bad thing as far as I'm concerned. As far as trailers go, no one's ever to my knowledge questioned their status, and as far as I can tell, no one's ever flagged one for copyright. I took one of my own uploaded trailers down once, but I only uploaded another print of it later from another source. If any of the staff took down any, I don't know about it because they don't announce their actions in that area.